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DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, Road, Magherafelt on Tuesday, 11 June 2013. The meeting commenced at 7.30 pm.

Presiding: Mrs C Elattar

Present: Mrs E A Forde P J Bateson J Campbell T J Catherwood J Crawford Miss K A Lagan Mrs K A McEldowney B McGuigan P McLean J J McPeake I P Milne Ms D Ni Shaidhail Miss C M Scullion G C Shiels

Officers Present: J A McLaughlin (Chief Executive) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Director of Policy and Development) A Cassells (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in attendance: Mr Adrian Gribben – Planning Officer

1 Apologies

Councillor J F Kerr

2 Minutes

2.1 It was

Proposed by Councillor Ms D Nί Shiadhail Seconded by Councillor B McGuigan, and

Resolved: that the Minutes of Meeting of the Council held on Tuesday, 14 May, 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

The Chief Executive advised that there were no matters as such arising out of the Minutes.

3.1 Invitation to new Emergency Department at Antrim Area Hospital

Submitted invitation from the Northern Health and Social Care Trust for the Chief Executive and Members to attend a tour of the new Emergency Department at Antrim Area Hospital on Wednesday, 19 June 2013 at 3.00 pm or 7.00 pm (copy of invitation circulated to each Member). Those wishing to attend should contact the Chief Executive’s department.

Noted.

3.2 Submitted copy of the Council’s Leisure Services Summer Fun & Sports 2013 programme for Meadowbank Sports Arena, Leisure Centre and Golf Centre from 1 July to 30 August 2013 (copy circulated to each Member).

Noted.

4 Declarations of Interest

There were no Declarations of Interest.

5 Planning 185/06/2013

5.1 New Planning Applications:

H/2011/0430/F – J O’Rawe Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were two letters of objection to this application.

H/2011/0442/F – Mr James Bradley Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were two letters of objection to this application.

H/2012/0268/F – Albert Speer Deferred for an Office Meeting on the request of Councillor G C Shiels. Councillor Shiels handed a letter of submission to the Planning Officer – Criterion 5.

H/2013/0018/O – Mr B McCloskey Deferred for an Office Meeting on the request of Councillor Mrs K A McEldowney. Councillor Mrs McEldowney handed a letter of submission to the Planning Officer – Criterion 5.

H/2013/0025/F – Mr Gerard Ward Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were six letters of objection to this application.

H/2013/0041/F – Mr A Cudden Deferred for an Office Meeting on the request of Councillor J J McPeake. Councillor McPeake advised that he would email a letter of submission to the Planning Officer – Criterion 5.

H/2013/0073/F – Ms Jo Ann Porter Deferred for an Office Meeting on the request of Councillor P McLean. Councillor McLean handed a letter of submission to the Planning Officer – Criterion 5. The Planning Officer advised that there was one letter of objection.

H/2013/0077/F – Mr Michael McGurk Deferred for an Office Meeting on the request of Councillor B McGuigan. Councillor McGuigan handed a letter of submission to the Planning Officer – Criterion 5.

H/2013/0083/RM – Mr & Mrs Alan Campbell Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.

H/2013/0086/F – Mrs Agnes McPeake Deferred for an Office Meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2013/0087/F – Corry Dental Care, Magherafelt Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were two letters of objection to this application.

5.1.1 Applications Deferred from Previous Meeting:

H/2012/0017/F – Frances Taylor Approval. The Council agreed to the issue of the approval.

H/2012/0159/O – Mrs Julie Noonan Deferred until an office meeting had taken place between Francie Molloy MP and the Area Planning Manager.

H/2012/0186/O – Mr A Gallagher Approval. The Council agreed to the issue of the approval.

H/2012/0187/O – Mr Paddy Kelly Deferred until an office meeting had taken place between Francie Molloy MP and the Area Planning Manager.

H/2012/0369/F – Mr J McKenna Deferred until an office meeting had taken place between Francie Molloy MP and the Area Planning Manager.

H/2013/0003/F – Michael Bradley Approval. The Council agreed to the issue of the approval.

5.1.2 It was

Proposed by Councillor P McLean Seconded by Councillor Mrs E A Forde, and

Resolved: to adopt the Planning Schedule dated 11 June 2013 subject to the above conditions and amendments.

5.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 April 2013 to 30 April 2013 (copy previously circulated to each Member).

Noted.

5.3 Submitted letter of objection to planning application H/2013/0172/F at 7 Fallylea Road, Maghera (copy previously circulated to each Member).

5.3.1 It was agreed to note the contents of the letter and forward a copy to the Planning Service.

5.4 Members discussed a letter from McAleer & Rushe Group which had also been forwarded to the Strategic Planning Division and the Minister of the Environment objecting to planning applications:

• H/2011/0145/F by Corbo Limited • H/2010/0254/F by Merit Investments • H/2011/0103/O by RSL Developments; and • H/2011/0104/O by Forbes Furniture Group.

The letter intimated that as landlords of the Meadowlane Shopping Centre, the anchor development in Magherafelt town centre, and critical to the vitality of Magherafelt town centre, they wished to formally record their objection to the above applications, both individually and cumulatively.

The letter set out a number or reasons for their objections and said that they believed that the Council’s support was misplaced and they were seeking an urgent meeting with the Council to address this matter.

Following some discussion it was agreed that the Chief Executive invite representatives from the McAleer & Rushe Group to address the Council on this matter at a Special Meeting for presentations to be held on Tuesday, 20 August 2013.

5.5 It was

Proposed by Councillor P McLean Seconded by Councillor Miss K A Lagan, and

Resolved: that the Council would accept a non-contentious list of approvals in July and gave authority for the Planning Service to issue same.

The Planning Officer retired from the meeting at 7.50 pm.

6 Building Control Department 210/06/2013

The Director of Building Control presented the Department’s report for the period 1 May 2013 to 31 May 2013 (copy previously circulated to each Member)

6.1 During this period 1 May 2013 to 31 May 2013 twenty-four applications had been recommended for approval.

A total of fifty-three applications required amending by Architects and Agents before granting approval.

6.2 Applications for Notices and Regularisations

During the period from 1 May to 31 May 2013 there were no Regularisations but there were twenty-four Notices issued .

6.3 Building Regulations Inspections

During the period from 1 April to 30 April 2013 one-hundred and sixteen applications commenced on site and ninety-four applications were found to be complete in accordance with Building Regulations.

The department carried out three hundred and fifty-seven inspections during this month.

6.4 Petroleum Legislation

Annual Re-Licensing Applications

During the period of this report twenty re-licensing inspections were carried out.

6.5 Entertainment Licensing

Mr Glendinning reported that during the period of this report five Entertainment Licensing inspections were carried out.

6.6 Property Certificates

There were forty Property Certificates issued for this period.

6.7 Dangerous Structure – 75 Road, Upperlands

Mr Glendinning reported that Historic Buildings Branch had been in contact with him informing him that the building at 75 Kilrea Road, Upperlands was currently listed as an historic building. They requested that time be given for them to agree with the Danske Bank how the building may be made “weather- tight” subject to loose slates being removed. Mr Glendinning said that he had advised them that the period of time to make the building safe had expired and therefore the Council must ensure the building was safe to the public.

Mr Glendinning further said that Historic Buildings and Danske Bank had been informed that if the work was not carried out immediately the Council would have to do the work and forward the costs to the owners of the property accordingly.

Noted.

6.8 It was

Proposed by Councillor P McLean Seconded by Councillor T J Catherwood, and

Resolved: that the report as submitted be adopted.

7 Licences

7.1 Entertainment Licences Submitted the following application for an Entertainment Licence which was in order and recommended for granting:

E.37 Ardtara Country House, 8 Gorteade Road, Upperlands – Dr A Hanna

7.1.1 It was

Proposed by Councillor P J Bateson Seconded by Councillor J J McPeake, and

Resolved: to grant the application for an Entertainment Licence as submitted.

7.2 Submitted the following application for the renewal of an Entertainment Licence pending the review of the variation to the licence to 2.00 am (Mondays – Saturdays) and 12 midnight on Sundays, in July 2013, which was recommended for renewal:

E. 97 Mary’s Bar & Lounge, 10 Market Street, Magherafelt – Henry & Teresa McGlone

7.2.1 It was

Proposed by Councillor B McGuigan Seconded by Councillor Ms D Nί Shiadhail, and

Resolved: to grant renewal of the application for an Entertainment Licence as submitted, pending the review of the variation of hours in July 2013.

7.3 Petroleum Licences Submitted the following applications for Petroleum Licences which were in order and recommended for renewal:

P. 30 Hillside Filling Station. 16-18 William Street, – Mr Dermot O’Kane P. 34 Caldwell’s Filling Station, 191 Hillhead Road, – R & J Caldwell P.50 Glen Road Service Station, 48 Glen Road, Maghera – Mr Martin Gerard Laverty P.58 McSorley Bros, 8 Tobermore Road, – Mr Eugene Clarke P.60 Bradley’s Service Station, 19 Road, Maghera – Mr Joe Bradley P.74 Diamond Service Station, 14 The Square, Draperstown – Mr E McAuley P.82 Millview Fuels Freight Ltd, 62 Church Street, Magherafelt – Kerrie Gass

7.3.1 It was

Proposed by Councillor Miss C M Scullion Seconded by Councillor P J Bateson, and

Resolved: to grant the renewal of the applications for Petroleum Licences as submitted.

7.4 Approval of Places for Marriages – Marriage Order 2003

Submitted a place approval application from Ardtara Country House, 8 Gorteade Road, Upperlands to be approved as a venue for Civil Marriage Ceremonies.

The Chief Executive stated that the appropriate documentation and fee had been received and the premises were considered to be satisfactory.

7.4.1 Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor J J McPeake, and

Resolved: that Ardtara Country House be approved as a place used for the solemnisation of Marriages under the Provision of Marriage (NI) Order 2003 for the period of one year.

7.5 Notice for Application for an Occasional Licence

Submitted Notice of Application for an Occasional Licence under the Licensing Order 1996 for information:-

1 McAuley’s Bar for Tirgan Community Association, 36 Tirgan Road, for a function on 5,6 & 7 July 2013 2 McAuley’s Bar for Tirgan Community Association, 36 Tirgan Road, Moneymore for a function on 22 June 2013 3 Halfway House for British Motorcross Championships at Porters Pit, on 22 and 23 June 2013.

Noted.

8 Environmental Health Department 196/06/2013

Mr M Young Mr M. Young, Director of Environmental Health submitted the report for the month of May 2013 (copy previously circulated to each Member).

8.1 Regulation (EC) No.853.2004 - Approval

Following consideration of a report detailing compliance with the criteria necessary to meet full approval under Regulation (EC) No. 853/2004, it was

Proposed by Councillor Miss C Scullion Seconded by P J Bateson, and

Resolved: that Council grant full approval to McAtamney’s Gourmet Kitchen, Unit 7, 23 Ballymacombs Road, Portglenone and inform the Food Standards Agency accordingly.

8.2 Pyrotechnic Articles (Safety) Regulations 2010

Mr Young reported enforcement concerns regarding the transition periods allowed for the supply of pyrotechnics complying with the previous standards.

It was

Proposed by Councillor B McGuigan Seconded by Councillor J Crawford, and

Resolved: that the approach to enforcement as detailed in the report be duly considered in the event of any enforcement actions being necessary.

8.3 Affordable Warmth

Mr Young informed Members that the Councils had been successful in an application to take part in the affordable warmth pilot. It was intended that the pilot would involve approximately 1,000 homes being targeted for energy improvement measures across the three Councils and would run separately from the existing schemes.

Councillor J J McPeake asked if the oil club template was yet available.

The Chairperson, Councillor Mrs C Elattar responded that she hoped a scheme could be rolled out shortly in Ballnascreen.

Councillor P McLean asked if the template had been made available to all Members. Mr Young undertook to check the position and ensure all members received a copy.

8.4 It was

Proposed by Councillor J Crawford Seconded by Councillor I P Milne, and

Resolved: that Council adopt the remainder of the report which was for information.

9 Payment of Accounts 06/2013

9.1 Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £766,499.54 out of the Revenue Account and £3,905.07 out of the Capital Account.

9.1.1 It was

Proposed by Councillor B McGuigan Seconded by Councillor P McLean, and

Resolved: to authorise the Statement of Accounts as submitted.

9.2 The Chief Executive advised that as the Council had resolved that there would be no Council Meeting in July it would be necessary for the Council to authorise the officers to issue the July payments.

9.2.1 It was

Proposed by Councillor B McGuigan Seconded by Councillor P McLean, and

Resolved: that the Chief Executive be authorised to approve the payment of accounts for July 2013.

9.3 Bank Mandates

Consideration was given to the change in signatories on the Chairperson’s and Vice-Chairperson’s Accounts.

9.3.1 Chairperson’s Account

It was

Proposed by Councillor Mrs K A McEldowney Seconded by Councillor P McLean, and

Resolved: to approve the change in signatures to the Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill, Mr Albert Hogg and the Chairperson, Councillor Mrs C Elattar with immediate effect.

9.3.2 Vice-Chairperson’s Account

It was

Proposed by Councillor Mrs K A McEldowney Seconded by Councillor P McLean, and

Resolved: to approve the change in signatures to the Vice Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill, Mr Albert Hogg and the Vice-Chairperson, Councillor Mrs E A Forde with immediate effect.

10 Podiatry Service

10.1 Councillor Mrs E A Forde raised issues regarding the podiatry referral service in the District Council area. She understood that due to staffing circumstances the number of clinics had been reduced and a podiatrist send from Causeway, etc as there were no full-time staff available for this area. Patients whose had to wait for appointments could travel to Ballymena or Cookstown to avail of this service. This was causing unnecessary concern and inconvenience to patients, many of whom were elderly and unable to travel the distance.

10.2 Councillor Mrs K A McEldowney said that she too had learned of problems with the podiatry service and had contacted King Street office in Magherafelt in an effort to find out what was happening. She had been told that King Street would be writing out to clients offering a service in Cookstown or Ballymena. The real concern at this point was the service being reduced?

10.3 Councillor P McLean asked why the Trust could not supply a replacement.

10.4 It was agreed that the Chief Executive write to Mr Peter Burbidge, Manager of the Podiatry Service for this area at the Northern Health and Social Care Trust enquiring about the level of service provision, would it be reduced, of if the service was being dispensed with in the future.

11 Subscriptions

11.1 Northern Ireland Hospice Submitted letter from the Fundraising Manager, Northern Ireland Hospice requesting support and funding towards the redevelopment of NIH (copy of letter previously circulated to each Member).

Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor J Campbell, and

Resolved: that the Council makes a donation of £1,000 to Northern Ireland Hospice.

11.2 Shopmobility The Chief Executive referred to the previous meeting of the Council held on 28 May 2013 when correspondence requesting match funding with the Department of Regional Development Port and Public Transport Division had been considered. The matter had been deferred until this meeting.

Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor Mrs K A McEldowney, and

Resolved: that the Council makes a donation of £1,500 to Shopmobility, Magherafelt.

12 Conferences and Courses 268/06/2013

Consideration was given to the nomination of delegates to attend the CiPFA Northern Ireland Annual Conference to be held on 25 September 2013 in the Culloden Hotel, Belfast (previously circulated to each Member).

Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor Ms D Nί Shiadhail, and

Resolved: that Mr Albert Hogg, Finance Officer be nominated to attend the CiPFA Northern Ireland Annual Conference.

13 Consultation Documents

Submitted the following consultation documents:

13.1 Minimum Standards for Children’s Homes launched by the Minister for Health, Social Services and Public Safety seeking comments by Friday, 6 September 2013.

13.2 Improvements to the Approved Driving Instructor (ADI) and Approved Motorcycle Instructor (AMI) scheme in Northern Ireland prepared by the Driver & Vehicle Agency seeking responses by 23 August 2013.

13.3 It was agreed that if any Member of Party Grouping wished to comment on the document they should forward their comments to the Chief Executive who would arrange to have them forwarded to the appropriated body.

14 Northern Health and Social Care Trust

Submitted letter from the Senior Director, Northern Health and Social Care Trust in connection with Community Based Autism Services and Tackling the Systemic Issues Linked to Deprivations (copy previously circulated to each Member).

14.1 The letter concluded by stating that should these projects be proceeding they would involve the statutory sector including health and social care and local Councils as well as the community and voluntary sector. He was therefore writing to Councils to offer to arrange a meeting to outline the NHSCT perspective on these proposals.

14.2 Following some discussion it was

Proposed by Councillor P McLean Seconded by Councillor Miss K A Lagan, and

Resolved: that representatives from the Northern Health and Social Care Trust be invited to attend the next Special Meeting of the Council for presentations.

15 Roads Service

Submitted the following letters:

15.1 Proposed introduction of a ‘No Waiting at any Time’ restriction on Greenvale Park, Magherafelt (copy of letter and map previously circulated to each Member).

Members welcomed the proposal.

15.2 Proposal to extend the limited waiting restriction in Magherafelt town centre from one hour no return with two hours, two hours no return to three hours as shown on the map and schedule (copies previously circulated to each Member).

Noted.

15.3 Proposed prohibition of U-Turn on Market Street, Magherafelt (copy of letter and map previously circulated to each Member).

Noted.

16 Forthcoming Meetings

Dates and Times were arranged for the following meetings:

16.1 Audit Committee meeting – Thursday, 27 June, 2013 at 6.00 pm. 16.2 Council Meetings in July – There would be no Council Meetings in July 2013 16.3 Meeting for Presentations – Tuesday, 20 August 2013 at 7.00 pm.

Councillor I P Milne retired from the meeting at 8.20 pm.

Resolution to Proceed “In Committee”

It was

Proposed by Councillor B McGuigan Seconded by Councillor T J Catherwood, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

17 Good Relations Action Plan

This item was taken “In Committee”.

18 Irish Language Policy

This item was taken “In Committee “.

19 ICBAN Membership

This item was taken “In Committee”.

20 Minutes – Special Meetings

This item was taken “In Committee”.

21 Staff Matters

The Chief Executive advised that there were no staff matters.

22 Legal Matters

The Chief Executive advised that there were no legal matters.

Resolution to Proceed in “Open Council”

It was

Proposed by Councillor B McGuigan Seconded by Councillor J Campbell, and

Resolved: that proceedings be resumed in “Open Council”.

Proceedings in “Open Council”

It was

Proposed by Councillor B McGuigan Seconded by Councillor J Campbell, and

Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.

23 Sealing of Documents

There were no items for sealing.

24 For the Information of Members

The following items were submitted for the information of Members –

(a) Minutes of Meeting of the North Eastern Education and Library Board held on Tuesday, 26 March 2013 (b) Minutes of Meeting of the Northern Group System (Environmental Health) Committee held on Wednesday, 13 March 2013 (c) Copy of North Eastern Group Committee Building Control Service – Acting Group Chief Officer’s Report – Wednesday, 5 June 2013 (d) Copy of the Patient and Client Council report entitled ‘Care When I Need It’ a report on urgent care services. (e) Copy of ‘Going for Growth – Investing in Success’ a strategic action plan in support of the Northern Ireland Agri-Food Industry. (f) Copy of NILGA EU Support Bulletin – 30 May 2013 (copy circulated to each Member) (g) Copy of Lough Neagh News (copy circulated to each Member) (h) Copy of the Department of the Environment’s ‘An Invasive Alien Species Strategy for Northern Ireland’ (i) Annual Report

1 Public Health Agency – Director of Public Health 2012.

The meeting concluded at 9.05 pm.

Chief Executive

The foregoing Minutes are hereby confirmed.

______(Chairperson)

______(Date)